NPA 'reviewing decision' not to prosecute Tom Moyane

Corruption Watch is concerned at the “apparent reluctance” of the National Prosecuting Authority (NPA) to prosecute suspended SARS Commissioner Tom Moyane.

“Moyane’s conduct cries out for criminal prosecution. It has damaged the integrity and credibility of SARS‚ a critical institution in South Africa’s success‚ and Moyane cannot be allowed to escape with disciplinary sanctions alone‚” said the non-profit organisation’s director‚ David Lewis‚ in a statement on Monday.

“We will continue to demand that the NPA mount a prosecution‚ failing which we will do so ourselves.”

The organisation said that it has been informed by the NPA that the prosecuting authority is reviewing its decision not to prosecute Moyane.

Corruption Watch said while it welcomed the filing of disciplinary charges against Moyane – who wants the state to fund his defence against charges of gross misconduct – more needed to be done.

Ever since the “highly suspicious” activities of Jonas Makwakwa‚ effectively Moyane’s second in command at SARS‚ were brought to light by the Financial Intelligence Centre (FIC)‚ and Moyane’s failure to take appropriate action‚ Corruption Watch demanded an investigation and prosecution of what appeared to be allegedly unlawful conduct on the part of Moyane and Makwakwa.

The organisation said that “after a long period of obfuscation‚ we were formally informed of the NPA’s decision not to prosecute Moyane".

“We asked for a certificate to this effect to be issued‚ which would enable us to pursue a private criminal prosecution. We have now been informed by the NPA that they are reviewing their decision not to prosecute Moyane.”